Racial and gender inequality, as well as other forms of discrimination has been a part of the South African, American and Indian histories for a very long time. Even today racial disparity is still very evident in the South African and American societies whilst discrimination based on caste is still prevalent in the Indian society. This is illustrated by continued racial discrimination and the remaining signs of societal segregation. Due to continuing disparities amongst the people, it became necessary to implement affirmative action programmes. Focusing in particular on education and jobs, affirmative action policies require active measures to be taken to ensure that blacks and other minorities enjoy the same opportunities for career advancement and school admissions that had been the nearly exclusive province of whites in SA and the USA, or for the forward castes in India. Affirmative action has been both praised and denounced, as an answer to racial inequality. One of the key issues that arise when affirmative action is discussed is whether or not affirmative action in fact promotes equality and atones for past prejudices. Another concern is whether the current affirmative action policy is the right policy to use. The issues surrounding affirmative action seems to be universal as are the circumstances. Perhaps the most widespread similarity among the programmes in these very different countries has been that group preferences and quotas are almost always discussed. The debate on affirmative action exists because it is a very divisive issue and it affects different groups of people in different ways, and some groups or persons seemingly benefit more from affirmative action than other persons or groups. In addition, it causes people to be classified into groups, and at the same time, strives to break down group barriers. It is an issue that is difficult to resolve because people have varied ideas about how the problems of racial inequality and historical discrimination should be addressed / Jurisprudence / LLD

It is common knowledge that owing to their particular vulnerability children worldwide falls prey to physical and/or sexual violence in the home and/or community or witness criminal acts. Consequently children are called upon to testify in a court of law to cruelties or acts of violence. As a result of their developmental shortcomings and immaturity, children find the criminal justice system extremely intimidating and challenging. The importance of realising a justice system that not only affords an accused person the right to a fair trial but also protects and safeguards the rights of the child victims of and witnesses to the crime is thus indisputable. The purpose of this research was therefore to assist the South African criminal justice system in its on-going challenge to find a balance between the right of the accused person to a fair trial and the protection and safeguarding of the rights of child victims and child witnesses. The protection and safeguarding of the rights of child victims and child witnesses in terms of the South African Constitution, applicable domestic law and international instruments relating thereto were extensively discussed and shortcomings identified. Possible solutions to ensure that child witnesses and child victims are adequately protected and supported during the trial stage of the criminal process were advanced. Particular emphasis was placed on the role of an intermediary in assisting child victims and child witnesses during the court process. Comparative research on the protection of child victims and child witnesses in the criminal justice systems of New Zealand and Namibia were also conducted. Conclusions drawn from comparative studies were used to recommend appropriate changes to the current system. It is submitted that the adequate protection and safeguarding of the rights of child victims and child witnesses are dependent not only on sound legal principles but also on governmental and other involved stakeholders’ commitment toward the realisation of these rights. In order to give proper effect to the protection and safeguarding of child victims’ and child witnesses’ rights, it is proposed that the recommendations made throughout this study should be adopted and implemented. In this regard the role of an intermediary is crucial and the use of intermediaries should be promoted. / Private Law / LL.D.